The Research On The Compensation For Employees Injured On Legal Issues

The compensating responsibility of the employee suffering injury is to say that the employer should undertake the compensating responsibility when the employee suffers person injury being employed.The compensating responsibility of the employee suffering injury is an important content of the employment legislation. Employee personal injury compensation is related to the laws of torts, insurance, labor and social security etc. Our country law have not stipulate employment legislation,and the stipulation of the highest people judicial interpretation to the compensating responsibility of the employee suffering injury is too brief. So it is difficult to applicate legislation on the case of the employee suffering injury in the judicial practice. The definition of the employment relationship is the premise to determine employer liability for employees injured. With the development and improvement of China's socialist market economy, the employment relationship appears as a large number of different forms, and other legal relationships, such as labor relations, relations with the contract have many similarities in the practice of defining an employment relationship existing many difficulties, so it is urgent and necessary to establish a workable definition of the standard,. Employers to employees affected attribution of liability established principle of employer liability is the subject of exemption and the basis for practice in the administration of justice, shall apply the principle of liability without fault liability, the employer exemption should be limited to the subject of force majeure and the victim deliberately at the same time, strictly limit the effectiveness of the prior exemption clause, but in-employed and employees have significant damage to their own fault shall apply the principle of fault offset, to reduce the employer's liability. In the third person injured by employees, employers liability nature is not really a jointly and severally liable, but has its inherent characteristics of the law. The foundation of the employers the right to recover the establishment is not real employers jointly and severally liable, this recovery is based on the right of subrogation settlement, the employer made the scope of the recovery should be in infringement and employees that the degree of fault on the basis of which identified in the court decision on the employee's employer liability, only the employer completely fulfilled its payment obligations, the only exercise the right of subrogation recoveries. In practice, for a variety of reasons, after bearing the responsibility to compensate the employer's interests can not recovery that seriously damage the interests of employers. Under such circumstances, the employer's responsibility should be reasonable posited, and through the improvement of the employer liability insurance, the employer's legitimate interests will not be harmed.